STATE Vs. RADHEY

JUDGEMENT

(1.) THIS is an appeal under Section 417 of the Code of Criminal Procedure by the State against seven persons, who were acquitted by Shri M. M. Sharan, Additional Sessions' Judge, Meerut, by order dated 23-11-1971 for an offence of dacoity-cum-murder punishable under Section 396 PC.

(2.) BY order dated 9-8-19/2 Honourable Malik, J. admitted the appeal against Wahid only 1 and dismissed it summarily against respondents 1, 2 and 4 to 7. Briefly stalled the case of the prosecution was that a dacoity was committed on the night between 24th and 25th May, 1970 at about midnight in the house of Hira Lal, (PW 1) in village Amhara, P. S. Incholi, district Meerut. The dacoits were 13-14 (10-12 mentioned in the first information report, Ex. C. 1) in number armed Variously with gun, pistol, lathi and spear. There took place an encounter amongst the dacoits and the village people. The dacoits fired two shots. Smt. Ram Dei and Govind Ram were injured. Smt. Ram Dei died immediately and Govind Ram died in the hospital.

(3.) A perusal of the record shows that Wahid and some other dacoits came up with dhatas on. In the encounter their dhatas got removed, therefore, the prosecution witnesses could recognise them in the light of lantern